Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption of DAMP organisations for collection and screening of specimens
Purpose
This instrument modifies and replaces a previous instrument (CASA EX106/11). In its original form, the exemption exempted doctors and nurses, who conduct drug tests under drug and alcohol management plans (DAMPs) for DAMP organisations, from having to meet certain additional training and other requirements of the Standard for drug testing, provided they met particular conditions. In its modified form (including some drafting improvements), the exemption remains essentially the same except that now its scope is restricted to areas outside Australian capital cities (as defined) and it no longer applies within capital cities.
In CASA’s view, Australian capital cities currently have an adequate number of Standards-accredited collecting agencies to meet collecting and testing demand. There are also, within the capital cities appropriate training opportunities for doctors and nurses to meet the Standard and become accredited for this potentially expanding role. The exemption was originally intended as a short-term measure to address the limited availability of Standards-accredited agencies, and training for Standards accreditation. It was not CASA’s intention to allow non-conformance with the Standards for any longer than was necessary to meet the contingencies of the situation.
The circumstances outside capital cities are now the obverse of those within capital cities - there is not an adequate number of reasonably accessible Standards-accredited collecting agencies to meet demand, nor is there reasonably accessible training for Standards accreditation of doctors and nurses (and others).
The exemption, therefore, is intended to assist DAMP organisations in remote and regional Australia by facilitating the use of doctors and nurses in such areas. To address the contingency, medical professionals in these areas can carry out drug testing for DAMPs provided they meet certain conditions of the exemption.
Legislation — exemptions
Subpart 11.F of the Civil Aviation Safety Regulations 1998 (CASR 1998, as amended from 27 June 2011 by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 2)) deals with exemptions.
Under subregulation 11.160 (1) of CASR 1998, and for subsection 98 (5A) of the Civil Aviation Act 1988 (the Act), CASA may, by instrument, grant an exemption from a provision of Civil Aviation Regulations 1988 (CAR 1988), CASR 1998 or a Civil Aviation Order in relation to a matter mentioned in subsection 98 (5A).
Under subregulation 11.160 (2) of CASR 1998, an exemption may be granted to a person or a class of persons. Under subregulation 11.160 (3), CASA may grant an exemption on application, or on its own initiative. For an application for an exemption, CASA must regard as paramount the preservation of an acceptable level of safety. For making a decision on its own initiative, CASA is guided by the requirement in subsection 9A (1) of the Act that in exercising its powers and functions CASA must regard the safety of air navigation as the most important consideration.
Under regulation 11.205 of CASR 1998, CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence not to comply with the obligations imposed by a condition. Under regulation 11.225, CASA must, as soon as practicable, publish on the Internet details of all exemptions under Subpart 11.F.
Under subregulation 11.230 (1) of CASR 1998, an exemption (but not an exceptional circumstances exemption for regulation 11.185 about major emergencies) may remain in force for 3 years or for a shorter period specified in the instrument.
Under subregulation 11.230 (3) of CASR 1998, an exemption in force in relation to a particular aircraft owned by a particular person, ceases to be in force when the aircraft ceases to be owned by that person. Under regulation 11.235, an exemption is not transferable (as between operators, aircraft etc.).
Other legislation
Under subsection 9 (1) of the Act, CASA has the function of conducting the safety regulation of civil air operations by means that include administering Part IV of the Act.
Part IV of the Act includes section 34. Under section 34, regulations may make provision for DAMPs for people who perform safety-sensitive aviation activities (SSAA), and for CASA to conduct drug and alcohol testing of such people.
Subsection 98 (1) of the Act additionally provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Under subsection 98 (5A) of the Act, the regulations may empower CASA to issue instruments in relation to “(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft”, and “(b) the airworthiness of, or design standards for, aircraft”.
Drug and alcohol regulations
The Civil Aviation Safety Amendment Regulations 2008 (No. 1) commenced on 23 September 2008 and amended CASR 1998 by inserting a new Part 99, Drug and alcohol management plans and testing (CASR Part 99).
The purpose of the amendment regulations was to give effect to Part IV of the Act, by establishing a framework for the development of DAMPs, similar to those already in place in other transport sectors, and by introducing a random drug and alcohol testing regime for all persons involved in SSAA.
CASR Part 99
Under the definitions in subregulation 99.010 (1) of CASR 1998, a DAMP means a drug and alcohol management plan that complies, or purports to comply, with the requirements of regulation 99.045.
Under subparagraph 99.045 (b) (ii), a DAMP must include a drug and alcohol testing program that, among other things, meets the requirements specified in regulation 99.050.
Under subparagraph 99.050 (1) (a) (ii), oral fluid testing for drugs must be in accordance with the Standard mentioned in paragraph (c) of the definition of relevant Standard, namely, AS 4760, Procedures for specimen collection and the detection and quantitation of drugs in oral fluid.
Under subparagraph 99.050 (1) (a) (iii), urine testing for drugs must be in accordance with the Standard mentioned in paragraph (d) of the definition of relevant Standard, namely, AS/NZS 4308, Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine.
Training requirements under the oral fluid and urine Standards
Clause 1.3.13 of AS 4760 for oral fluid testing for drugs, defines a collector as a person who has successfully completed a course of instruction in compliance with the Standard for specimen collection, storage, handling and despatch, and received a statement of attainment in accordance with the Australian Quality Training Framework (AQTF).
Clause 3.1 provides that on-site testing for oral fluids shall be performed by a technician from an accredited collecting agency. Clause 1.3.38 of AS 4760 requires that a technician must have successfully completed a course of instruction in compliance with the Standard for on-site testing, and received a statement of attainment in accordance with the AQTF.
Clause 1.3.24 of AS/NZS 4308 for urine testing for drugs defines on-site screening as a screening test carried out at the point of collection. Clause 1.3.32 defines screening tests as methods used to exclude the presence of a drug or class of drugs and to identify whether specimen integrity is compromised. Collection for this purpose is done by a collector.
Clause 1.3.14 defines a collector as a person who has successfully completed a course of instruction for specimen collection and on-site screening (if applicable), handling, storage and despatch of specimens and who has received a statement of attainment in accordance with the AQTF or New Zealand Qualifications Authority (NZQA).
Collecting agency requirements under the urine Standard
Clause 1.3.12 of AS/NZS 4308 defines a collecting agency as an organisation assuming professional, organisational, educational and administrative responsibility for collection, on-site screening (if applicable), storage and despatch of urine specimens, and hence parallel responsibility for collectors.
Under clause 2.2.5 of AS/NZS 4308, personnel not authorised by a collecting agency are not permitted to be in any part of a collecting site where a donor provides a specimen of urine or where such a specimen is stored.
Under Appendix A of AS/NZS 4308, on-site screening procedures are described, including the role of a collecting agency.
AS/NZS 4308 is established in such a way that, to conform to the standard, collection and testing of urine specimens can only be performed by a collector who is an employee of, or similarly associated with, a collecting agency.
DAMP organisations in remote and regional Australia
There are DAMP organisations located in remote and regional Australia which must, under the terms of their DAMP, conduct drug testing in accordance with the relevant Standard using technicians and collectors as defined above in terms of having successfully completed a course of instruction, and being collectors of a collecting agency.
However, in remote and regional Australia, such trained persons and collecting agencies are not available for urine or oral specimen collection and on-site urine testing. In the short to medium term, they are not likely to become available unless small DAMP organisations go to the large expense of sending appropriate persons for training in initial drug testing in one of the major Australian cities where training courses may periodically be run, and the DAMP organisation in turn establishes itself as a collecting agency with its associated overheads and requirements. Alternatively, commercial collecting agencies with trained collectors may expand their reach into remote and regional Australia, but this has not yet occurred.
How to ensure effective DAMP testing in remote and regional Australia
CASA considers it is not realistic at this stage to expect that the testers used by DAMP organisations in remote and regional Australia will complete such training or that the DAMP organisations will establish themselves as collecting agencies. CASA has, therefore, issued a general exemption from specific training and collection agency requirements. The exemption is, however, tightly circumscribed by conditions designed, as far as practicable, to require alternative and equivalent, or near-equivalent, tester training, and the use of proven, highly reliable, urine specimen testing equipment. It is intended in this way to protect the integrity of DAMP organisations’ drug testing. The exemption does this as follows.
Effect of exemption and conditions
First, a DAMP organisation in remote and regional Australia, may use a trained collector, meaning a person who has successfully completed a course of instruction in the oral fluid standard or the urine standard (as applicable for the test conducted). A course of instruction means, in effect, an accredited course within the AQTF or the NZQA. Such a fully trained collector is in effect exempt from the requirements of AS/NZS 4308 for the role and involvement of a collecting agency.
However, when conducting on-site screening of urine specimens, the trained collector must use 1 of the 7 named devices, namely:
(a) Thermo Fisher Scientific MicroCup MultiDrug;
(b)SureStep OneStep Multi-Line Screen Test Panel with Integrated E-Z Split Key Cup;
(c)i-Screen OneStep Drug Screen Test Card;
(d)SureStep OneStep Drug Screen Test Cassette;
(e)Varian OnSite CupKit Pro5-AS;
(f)SureStep MultiDrug OneStep Multi Line Screen Test;
(g)Microcheck 6 cassette.
The on-site urine specimen testing devices that have been included in the exemption have all been verified for performance under Appendix B of AS/NZS 4308 by a laboratory accredited to AS ISOIIEC 17025 or AS 4633 (or ISO 15189) and the relevant Standard, AS/NZS 4308, or equivalent. Furthermore, the verification process of these devices forms part of the technical performance assessment carried out by an independent accreditation agency in the process of accrediting testing facilities. CASA does not have the expertise or resources to perform this task.
On-site screening of oral fluid specimens by trained collectors, doctors, nurses or capable persons is not permitted because appropriate testing devices, that are acceptable to CASA for this kind of usage in these kinds of circumstances, are not yet available.
Secondly, a DAMP organisation in remote and regional Australia, may use a doctor or a nurse who has NOT completed a specific course of instruction, provided he or she has current professional responsibility (in a hospital, general practice or pathology service) in relation to the collection, storage, handling and despatch of biological specimens. Such a doctor or nurse is, in effect, also exempt from the requirements of AS/NZS 4308 for the role and involvement of a collecting agency. However, if conducting on-site screening of urine specimens, the doctor or nurse must use 1 of the 7 named devices.
Thirdly, if such a doctor or nurse, or a trained collector, is not available because of the remoteness of the location of the DAMP organisation at which testing is conducted, the testing may be done by another person (a capable person) who has been trained by a doctor, nurse, trained collector, or by another person who has completed some formal training in the collection, storage, handling and despatch of biological specimens. (A Note explains that formal training acceptable to CASA includes training given by a university, an institute of technology, a technical and further education college or a similar State or Territory institution as part of an accredited training course.)
A capable person may not test unless he or she has first affirmed in writing to CASA that he or she has been trained, giving details of the identity and qualifications of the trainer and a description of the training given.
A capable person is, in effect, also exempt from the requirements of AS/NZS 4308 for the role and involvement of a collecting agency. However, if conducting on-site screening of urine specimens, the capable person must use 1 of the 7 named devices.
The DAMP organisation must report to CASA, for each DAMP reporting period, on the numbers and locations of tests where trained collectors, doctors, nurses or capable persons, acted under the exemption. Reporting periods are the periods of 6 months ending immediately before 1 March and 1 September each year.
A DAMP organisation’s testing will be subject to periodic CASA audit to confirm its reliability and the competence of the DAMP testers who are used. The exemption applies only to DAMP testers under Subpart 99.B of CASR 1998. It does not apply to approved testers in CASA’s random drug testing program under Subpart 99.C of CASR 1998. Details of the exemption are set out in Attachment 1.
Remote and regional Australia
To focus the benefits of the exemption on those areas where compliance with the training and collection agency requirements of the Standard is unreasonably difficult, the modified exemption excludes capital cities in which such compliance is much easier because of the availability of appropriate facilities and agencies.
Capital cities are defined in terms of the relevant geographical area depicted on maps in the Australian Standard Geographical Classification (ASGC), July 2011 (Australian Bureau of Statistics) for each of the State and Territory capital cities. A Note explains that, generally speaking, a capital city includes, in effect, the area from the central business district out to the edge of the greater metropolitan area of the city. The Note includes page references for the relevant maps and details of an internet link.
Section 99 of the Constitution
CASA does not consider that the exemption, in its nature or terms, enlivens or offends section 99 of the Constitution. That section provides that “The Commonwealth shall not, by any law or regulation of trade, commerce, or revenue, give preference to one State or any part thereof over another State or any part thereof”.
The exemption under regulation 11.160 of CASR 1998 is not considered to be a “law or regulation of trade, commerce, or revenue”.
The exemption is not of its nature a law, legislative or legislation (although it is considered to be a legislative instrument for the registration and other purposes of the Legislative Instruments Act 2003).
The exemption does not “regulate” (even administratively) any trade, commerce or revenue.
The exemption ameliorates the requirements of DAMP organisations in remote and regional Australia who, for the purposes of complying with the CASR Part 99 requirements to conduct drug tests in certain, sometimes urgent, circumstances, face serious difficulty in finding trained testers who meet the requirements of the Standard set out in CASR Part 99.
The exemption is not addressed to or at any trade, commerce or profession as such but to remote and regional DAMP organisations and how they may meet their obligations under CASR Part 99 when Standards-accredited collection agencies are not available.
DAMP organisations within capital cities face no similar difficulty. If the exemption were available to DAMP organisations in capital cities it would, eventually, undermine and neutralise the Standard against which it is preferred that drug testing be conducted as far as practicable.
As between a remote and regional DAMP organisation, and an urban DAMP organisation, there is no preference given. Each DAMP organisation must commercially engage an appropriate tester for the purposes of CASR Part 99, whether that tester is a trained collector associated with a “city” collecting agency, or a doctor or nurse or other capable person in remote or regional Australia.
It is considered that, merely as a result of the exemption, the remote and regional DAMP organisation obtains no tangible advantage in the course of its trading or commercial operations, nor any material or sensible benefit of a commercial or trading character.
The different treatment that is afforded by the exemption to DAMP organisations in remote and regional Australia arises exclusively as a consequence of the circumstances of locality and their effects on such organisations in attempting to comply with their CASR Part 99 obligations for drug testing.
Legislative Instruments Act
As noted above, exemptions under subregulation 11.160 (1) of CASR 1998 are “for subsection 98 (5A)” of the Act, that is, for regulations which empower the issue of certain instruments, like exemptions, in relation to “(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft”, and “(b) the airworthiness of, or design standards for, aircraft”.
The exemption is clearly one in relation to matters affecting the safe navigation and operation of aircraft. Under subsection 98 (5AA) of the Act, an exemption issued under paragraph 98 (5A) (a) for such matters is a legislative instrument if expressed to apply in relation to a class of persons, a class of aircraft or a class of aeronautical products (as distinct from a particular person, aircraft or product).
The exemption applies to a class of persons and is, therefore, a legislative instrument subject to registration, and tabling and disallowance in the Parliament, under sections 24, and 38 and 42, of the Legislative Instruments Act 2003 (the LIA).
Consultation
Consultation under section 17 of the LIA for a predecessor exemption (CASA EX27/09) was undertaken in 2009 with the Australian Aerial Agricultural Association (AAAA) and with representatives of larger airlines. The refinements made to a previous exemption (CASA EX82/10) followed consultation with the National Association of Testing Authorities (NATA).
No specific consultation has been undertaken with respect to the modified exemption. It has been made because of CASA concern that some medical professionals within capital cities have made, or may make, use of the exemption and thereby obtain exemption from the training requirements of the Standard when there is not a sufficient justification for that. CASA’s preferred position is that all testers should comply fully with the Standard. Clearly, this is possible within capital cities but not in in remote and regional Australia. The exemption was not, and is not, intended to be available to anyone outside remote and regional Australia.
CASA has continued to consult with the key stakeholders, including other safety-related industries, in order to ensure that there is an acceptable level of technical process within the testing programs for all persons who perform SSAA. At this point in time, there are some organisations in remote and regional Australia that can carry out testing, but they are not necessarily able to meet the requirements of the relevant Standard. The exemption is beneficial in that it modifies what would otherwise prove to be impractical aspects of the testing regime for DAMP organisations in remote and regional Australia but with conditions to ensure that an acceptable level of testing quality control is maintained.
Office of Best Practice Regulation (OBPR)
The exemption is beneficial in effect by relieving of an obligation to comply with certain aspects of the DAMP testing requirements. Preparation of a Regulation Impact Statement is not required for OBPR in this case because a preliminary assessment of business compliance costs in the context of the nature of the instrument indicates that it will have only a nil to low impact on relevant business.
Statement of Compatibility with Human Rights
The following Statement is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument exempts certain trained collectors, doctors, nurses and capable persons, in remote and regional Australia, from certain training and collection agency requirements of the Standard for aviation-related drug testing using urine or oral fluid specimens. The exemption is beneficial for the DAMP organisation using these persons because of the difficulty they would otherwise face, in remote and regional Australia, of accessing Standard training and meeting Standard collection agency requirements.
Since its effects are limited to these beneficial consequences, the instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.
Commencement and making
The instrument commences on the day after registration. The exemption stops having effect at the end of 30 September 2013 (the same expiry date as was in the predecessor exemption, CASA EX106/11). Before making the exemption, CASA reviewed the arrangements under CASA EX106/11. It was concluded that, in remote and regional Australia, DAMP organisations continue to be unable to reasonably meet the requirements for relevant testing in subparagraphs 99.050 (1) (a) (ii) and (iii) of CASR 1998. This instrument, therefore, continues what is, in effect, a trial of the arrangements provided for in the exemption, and these will be reviewed for effectiveness and other implications sooner to the time when the instrument will expire.
The exemption has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX117/12]
ATTACHMENT 1
Details of exemption
1 Duration
Under this section, the instrument commences on the day after registration and stops having effect at the end of 30 September 2013.
2 Revocation
Under this section, the previous instrument, CASA EX106/11, is revoked.
3 Definitions
Under this section, various words and phrases used in the exemption are defined as follows:
ASGC means the Australian Standard Geographical Classification (ASGC), July 2011, published by the Australian Bureau of Statistics.
capable person means a person who:
(a) before collecting oral fluid or urine specimens; or
(b) before conducting on-site screening of urine samples;
does the following:
(c) affirms in writing to CASA that he or she:
(i) has completed training in the collecting or screening mentioned in paragraphs (a) and (b), as the case requires (the training); and
(ii) has demonstrable competency in such collecting or screening; and
(d) includes in the affirmation:
(i) the name, address and qualifications of the person who gave the training; and
(ii) a description of the training.
capital city means the geographical area depicted on the map at the page in Chapter 11 of the ASGC which is for each of the following:
(a) the Adelaide Statistical Division;
(b) the Australian Capital Territory Statistical Divisions;
(c) the Brisbane Statistical Division;
(d) the Darwin Statistical Division;
(e) the Greater Hobart Statistical Division;
(f) the Melbourne Statistical Division;
(g) the Perth Statistical Division;
(h) the Sydney Statistical Division.
A Note explains that, generally speaking, a capital city includes, in effect, the area from the central business district out to the edge of the greater metropolitan area of the city. The Note has page numbers for the maps (pages 171, 195, 157, 191, 189, 149, 179 and 141, respectively), and also an internet link to them (http://www.abs.gov.au/AUSSTATS/abs@.nsf/DetailsPage/1216.0July%202011?OpenDocument) and click on “1216.0 - Australia ASGC Edition 2011 pdf maps”. Page numbers refer to document pages, not screen pages.
collecting agency means an organisation assuming professional, organisational, educational and administrative responsibility for collection, on-site screening, storage and despatch of urine or oral specimens.
collection means on-site collection, storage, handling and, if necessary, despatch, of oral fluid or urine specimens.
course of instruction, for a trained collector, means a course of instruction, in compliance with the oral fluid standard or the urine standard, that:
(a) is for specimen collection, on-site screening (urine only) handling, storage and despatch of specimens; and
(b) results in the trained collector’s receipt of a statement of attainment for the course in accordance with the Australian Quality Training Framework or the New Zealand Qualifications Authority.
doctor means a medical practitioner who is registered with the Medical Board of Australia and whose medical duties include the collection, storage, handling and despatch of biological specimens in 1 of the following:
(a) a hospital;
(b) a general practice;
(c) a pathology practice.
nurse means a nurse who is registered with the Nursing and Midwifery Board of Australia and whose nursing duties include the collection, storage, handling and despatch of biological specimens in 1 of the following:
(a) a hospital;
(b) a general practice;
(c) a pathology practice.
on-site means the place at which an oral fluid or urine specimen is collected.
oral fluid standard means the relevant Standard, AS 4760, Procedures for specimen collection and the detection and quantitation of drugs in oral fluid, mentioned in paragraph (c) of the definition of relevant Standard in subregulation 99.010 (1) of CASR 1998.
screening means testing of a specimen to exclude the presence of drugs.
trained collector means a person who has successfully completed a course of instruction in the oral fluid standard or the urine standard, as the case requires.
training, for a capable person, means training by a person who is:
(a) a doctor or a nurse; or
(b) a trained collector under the oral fluid standard or the urine standard, as the case requires; or
(c) another person who has successfully completed formal training, acceptable to CASA, in the collection, on-site screening, storage, handling and despatch of biological specimens.
Note Formal training acceptable to CASA includes training given by a university, an institute of technology, a technical and further education college or a similar State or Territory institution as part of an accredited training course.
urine standard means the relevant Standard, AS/NZS 4308, Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine, mentioned in paragraph (d) of the definition of relevant Standard in subregulation 99.010 (1) of CASR 1998.
4 Application to a DAMP organisation’s DAMP
Under this section, the instrument applies to collection and screening of drugs under the drug and alcohol management plan (DAMP) of a DAMP organisation.
A Note explains that a DAMP organisation is one to which regulation 99.030 of CASR 1998 applies.
5 Exemption — oral fluid or urine specimen collection and testing for drugs
Under this section, the DAMP organisation’s DAMP is exempt from compliance with subparagraphs 99.050 (1) (a) (ii) and (iii) of CASR 1998 to the extent mentioned in section 6.
A Note explains that subparagraphs 99.050 (1) (a) (ii) and (iii) impose requirements for oral fluid testing and urine testing to be in accordance with their respective relevant Standards.
6 Extent of exemption — collecting agency and course of instruction
Under this section, the extent of the exemption in section 5 is explained.
If the DAMP organisation is using a trained collector, the exemption exempts from the requirements, expressly or impliedly specified in the oral fluid standard or the urine standard, as the case requires, for the role or involvement of a collecting agency.
A Note explains that this is the only exemption in the instrument applicable to a DAMP organisation’s trained collector, and it applies for oral fluid or urine only if the trained collector has completed the course of instruction for oral fluid or urine as the case requires.
If the DAMP organisation is using a doctor, nurse or capable person, the exemption exempts: first, from the requirement that the doctor, nurse or capable person must have successfully completed a course of instruction under the oral fluid Standard or the urine Standard (the applicable standards); and secondly, from the requirements, expressly or impliedly specified in the applicable Standards, for the role or involvement of a collecting agency.
7 Conditions on exemption
Under this section, the various conditions to which the exemption is subject are set out as follows:
(1)The DAMP organisation may only use the following persons for oral fluid collection, urine collection or urine screening:
(a) a trained collector trained for oral fluid, urine or both, as the case requires; or
(b) a doctor, a nurse, or, subject to subsections (4) and (5), a capable person.
(2) A trained collector, a doctor or a nurse may only conduct on-site screening of a urine specimen if he or she uses 1 of the following devices for the test:
(a) Thermo Fisher Scientific MicroCup MultiDrug;
(b) SureStep OneStep Multi-Line Screen Test Panel with Integrated E-Z Split Key Cup;
(c) i-Screen OneStep Drug Screen Test Card;
(d) SureStep OneStep Drug Screen Test Cassette;
(e) Varian OnSite CupKit Pro5-AS;
(f) SureStep MultiDrug OneStep Multi Line Screen Test;
(g) Microcheck 6 cassette.
(3) On-site screening of an oral fluid specimen is not permitted
(4) A capable person may only collect oral fluid or urine specimens if a trained collector, a doctor or a nurse is not reasonably available to do the collection because of the remoteness of the location of the DAMP organisation.
(5) A capable person may only conduct on-site screening of a urine specimen if:
(a) a trained collector, a doctor or a nurse is not reasonably available to do the screening because of the remoteness of the location of the DAMP organisation; and
(b) the capable person uses 1 of the devices mentioned in subsection (2).
(6) The DAMP organisation for whom a trained collector, a doctor, a nurse or a capable person collects or screens specimens must report the following in writing to CASA for each DAMP reporting period:
(a) the number of occasions on which the particular person has done collection or screening;
(b) where each occasion of collection or screening occurred.
(7) The report mentioned in subsection (6) must be included with the information provided to CASA by the DAMP organisation under regulation 99.100 of CASR 1998 for each reporting period, defined in regulation 99.010 as the period of 6 months immediately before each 1 March and 1 September.